Saheed Ahmad @ Md. Saheed v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51268 of 2016 Arising Out of PS.Case No. -981 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Saheed Ahmad @ Md. Saheed S/o Shakil Ahmad Resident of Main Bazar, Sharma Building, P.S.-Daltanganj, District-Palamu (Jharkhand) .... .... Petitioner

Versus

1. The State of Bihar

2. Manoj Kumar S/o Satyanarayan Singh Resident of Mohalla-Chaukhandi Road. P.S.-Sasaram (T), District-Rohtas .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sanjay Kumar Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 981 of 2014 for the offences instituted under Sections 420, 406 and 34 of the Indian Penal Code. The allegation against the petitioner is that he along with co-accused reached at the shop of the complainant and assured him that he will supply good clothes, so the complainant has given him Rs. 1, 50,000/- as advance money and they assured him to deliver the clothes within a week and the petitioner also put his signature on receipt but they have not supplied the clothes within time.

Patna High Court Cr.Misc. No.51268 of 2016 (2) dt.05-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. It is a case and counter case between the parties. From perusal of Annexures-1 and 2, it is evident that the matter relates to business dispute, which can be settled in a civil proceeding. No criminal offence is made out against the petitioner.

On behalf of the State and the counsel for the complainant, it has been submitted that the petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 981 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T